Federal Register Citation
Date of Publication
Affected Section of Title 40
Effect
Program Revision Necessary?
Basis for Allowing Exclusion from North Dakota State Operating Permits Program 
81 FR 71613
10/18/2016
70.7
Amends through revisions paragraphs (h)(1) and (2) to: (1) create optional alternative of posting public notice for permit actions on a public website as the "consistent noticing method," and (2) presenting the option of identifying electronic mail and website contact information for informational inquiries about the permit action.
No
Changes to Part 70 presented additional options, not mandatory options for Program public notification procedures. EPA did not solicit State Program revisions.
80 FR 12263
03/06/2015
70.2
Revises section 70.2, definition of "major source" (3)(i), (3)(iii)(A), and (3)(iv). Addresses major source definitional issues for State Implementation Plan purposes.
No
North Dakota did not include the analogous paragraph in its operating permit program at the time of the State's final Program approval- due to the North Dakota having no designated nonattainment areas and no need for the SIP related definitions at the time of Program approval.
76 FR 43508
07/20/2011
70.2
Revises section 70.2, definition of "subject to regulation" (2) to accommodate the deferral of application of title V permitting requirements to biogenic CO2 emissions from bioenergy and other biogenic stationary sources.
No
Unnecessary for the State to make a program revision. EPA allowed states to adopt the deferral "at their option."
75 FR 31513
06/03/2010
70.2
Revises the introductory text of 70.2 "major source" (2) and adds the definition of "subject to regulation" for the purposes of the GHG Tailoring Rule.
No
There are no mandatory title V requirements for permitting "major" sources of GHG. The State would not adopt these changes unless keeping these sections as a state regulatory provision. 
72 FR 24059
07/02/2007
70.2
Revises section 70.2, definition of "major source" (2)(xx) to make this qualifying statement about chemical process plants: "The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140."
No
Unnecessary for the State to make this same revision to its definitions- only necessary for states which wish to impose the allowed limited definition of "chemical process plants."
70 FR 59847
10/13/2005
70.1
Amends section 70.1 to direct states to satisfy the requirements of 40 CFR part 3 in their program if they choose to receive electronic documents
No
The State is not obligated to accept documents electronically. Review of electronic document submittal procedure is not part of this program transfer request.
69 FR 31497
06/03/2004
70.2
Amends section 70.2, definition of "applicable requirement" by inserting a new paragraph (7) and renumbering the original paragraphs (7) -- (12) accordingly. The new paragraph (7) expressly states that an applicable requirement includes any standard under section 126(a)(1) and (c) of the Act- part of the requirements for interstate pollution abatement considerations in the SIP process
No
This additional language is for clarification and express inclusion of these section 126 requirements. Exclusion of these revisions from State rules reduces clarity but not applicable requirements.

